Does the custodial parent “mother” of child have to report that she is receiving both garnished monthly child support enforced by CSE and SSDI child Beneficiary payments to both SSA and/or CSE?
Are there any circumstances where the non-custodial parent (disabled father) can receive credit for SSDI $551.00 monthly payments made to Rep Payee-the mother (custodial parent) over a period of time or does it only apply to lump sum payments made after disability was determined?
Here are some facts: Son was born in 12/1998, paternity established 05/1999, and monthly SSDI benefits for father started in 7/2004, and Son was approved monthly $551.00 SSDI child beneficiary payments in 7/2007. Rep Payee-mother (custodial parent) receives $4699.10 lump sum payment in 9/2007 and another $1780.10 in 3/2015.
There were periods of time between 7/2007 and 7/2015, that non-custodial “father” had no employment nor income (disability related) while the non-custodial “mother” continued to receive both payments.
There are other facts and concerns but probably better suited to wait for legal representation.
Asked on 7/25/15, 7:09 pm
1 Answer from Attorneys
John Smitten
Carey and Leisure
Use of a lawyer is recommended
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
727-799-3900 ph
727-490-4944 fax
jsmitten@careyandleisure.com
www.careyandleisure.com
Answered on 7/26/15, 6:43 pm
